The Improvement And Innovation Of International Law From The Perspective Of Maritime Public Health Security

The Covid-19 pandemic fully expose and verify the flaws of maritime public health security under the international law.Many countries have taken excessive sanitation protocols at the ports.They dishonor the rights of free pratique,and even closed the ports.The people are exposed to the covid-19 as well as the risk of nature,which is unfair for them,also the safety of those people has been totally ignored.Few countries have taken any protocols which is leading to fast spread of the pandemic from the maritime to inland.With the awareness of the problem,this thesis will comprehensively and objectively analyze the necessity of maritime public health security,and give suggestions on the improvement and innovation of international law regarding the maritime public health security.The thesis consists four chapters.The first chapter is an overview of the maritime public health security issues during the Covid-19 pandemic crisis.This chapter reviewed and summarized the protocols,regulations and impacts of those coastal countries by using three representable cases: the Diamond Princess,the Ruby Princess and the Zaandam.By expounding the two aspects of maritime public health security related to the rights and interests of shipboard personnel and global public health security,it expounds the necessity of improving international law on maritime public health security.The second chapter is an analysis of the deficiencies of the international law on maritime public health security.First,the International Health Regulations(2005)lacks a binding system design,and there are institutional gaps in which public health measures should be taken by which entity during a ship’s voyage at sea,and cannot be effectively applied to ocean governance.Second,the United Nations Convention on the Law of the Sea(UNCLOS)gives little consideration to the issue of public health security at sea,and the only few clauses involved are rough adherence to the principle of the supremacy of sovereignty or absolute jurisdiction of the coastal state.There is a conflict in the regulations on the right to enter the port for ships affected by the pandemic.Third,the rescue system for ships affected by the pandemic under international law has not been perfected,which is mainly manifested in the differences in the responsibilities of the relevant subjects and the flexibility of the standards of health and safety measures.The third chapter proposes to improve the international law on maritime public health security in view of the fact that the foundation of maritime public health security lies in the international rule of law.First,clarify the responsibilities of the relevant countries,that is,the distribution of responsibilities among the flag state,coastal state(port state),the country of nationality of the people on board,and the country where the shipping company is located.Second,clarify the standards for relevant health and safety procedure,mainly to refine coastal countries can reject the pandemic-free standard and improve the health and safety standards of ship equipment.Third,enhance the binding force of the International Health Regulations by strengthening the supervision of the core capacity building of ports and increasing the accountability system for non-compliance parties.The fourth chapter proposes innovative suggestions for international law on maritime public health security from the perspective of broader international cooperation.Comprehensively innovate the international cooperation system for maritime public health security under international law according to the characteristics of the ocean,that is,to build an international joint prevention and control system for maritime public health security,to delineate areas of responsibility for maritime public health security,and to establish a maritime public health security fund to make up for long-standing deficiencies in maritime public health security.